Sunday, April 10, 2022

The minority is right, though they lean left

 

Of course the right-wing majority on the Supreme Court overruled a lower court ruling and reinstated an environmentally damaging Trump administration rule potentially allowing more pollution in rivers and streams.

What was newsworthy was how they did it -- using the so-called "shadow docket" to make the decision, which means there isn't any legal reasoning provided with it.

And the Chief Justice didn't like them doing that.

Roberts joins liberals in criticizing ‘shadow docket’ pollution ruling

"The majority’s order “renders the Court’s emergency docket not for emergencies at all,” Kagan wrote. “The docket becomes only another place for merits determinations — except made without full briefing and argument.”

Kagan said the applicants had waited months to bring the request and provided no evidence that they would suffer irreparable harm if the Supreme Court did not intervene, which is one of the essential elements necessary for putting on hold a lower court’s order."
And there's this:
"Stephen Vladeck, a University of Texas law professor who has documented the court’s use of the shadow docket, said Wednesday’s order was significant for what it says about the chief justice’s role on the court.

“This is the ninth time that Chief Justice Roberts has publicly been on the short side of a 5-4 ruling since Justice Barrett’s confirmation,” Vladeck said. “Seven of the nine have been from shadow docket rulings. This is the first time, though, that he’s endorsed criticism of the shadow docket itself.”

That's great.  As if the right-wing controlling the direction of law in this country will stop doing what they're doing. 

 



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